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PC 05-03-17 Meeting Agenda AGENDA FREDERICK COUNTY PLANNING COMMISSION The Board Room Frederick County Administration Building Winchester, Virginia May 3, 2017 7:00 P.M. CALL TO ORDER TAB 1) Adoption of Agenda: Pursuant to established procedures, the Planning Commission should adopt the Agenda for the meeting ................................................................ (no tab) 2) April 5, 2017 Meeting Minutes ....................................................................................... (A) 3) Committee Reports .................................................................................................. (no tab) 4) Citizen Comments ................................................................................................... (no tab) PUBLIC HEARING 5) Ordinance Amendment to the Frederick County Code - Chapter 165 Zoning, ARTICLE I GENERAL PROVISIONS, AMENDMENTS, AND CONDITIONAL USE PERMITS, Part 101-General Provisions, §165-101.02 Definitions and Word Usage. ARTICLE II SUPPLEMENTARY USE REGULATIONS, PARKING, BUFFERS, AND REGULATIONS FOR SPECIFIC USES, Part 204-Additional Regulations for Specific Uses, §165-204.15 Commercial shooting and archery ranges, outdoor. §165-204.31 Special event facilities. ARTICLE IV AGRICULTURAL AND RESIDENTIAL DISTRICTS, Part 401-RA Rural Areas District, §165-401.02 Permitted uses. §165-401.03 Conditional uses. Revisions to the Frederick County Zoning Ordinance on permitted and conditional uses, supplemental regulations and definitions of new uses in the RA Zoning District. Mr. Klein .......................................................................................................................... (B) 6) Ordinance Amendment to the Frederick County Code - Chapter 165 Zoning, ARTICLE IV AGRICULTURAL AND RESIDENTIAL DISTRICTS, Part 401-RA Rural Areas District, §165-401.07 Setback requirements. Revisions to the Frederick County Zoning Ordinance on the front setback for accessory uses on private right-of- ways in the RA District. Mr. Klein .......................................................................................................................... (C) Other Adjourn Commonly Used Planning Agenda Terms Meeting format Citizen Comments – The portion of the meeting agenda offering an opportunity for the public to provide comment to the Planning Commission on any items not scheduled as public hearing items. Public Hearing– A specific type of agenda item, required by State law, which incorporates public comment as a part of that item prior to Planning Commission or Board of Supervisors action. Public hearings are held for items such as: Comprehensive Plan policies and amendments; Zoning and Subdivision Ordinance amendments; and Rezoning and Conditional Use Permit applications. Following the Public Hearing, the Planning Commission will take action on the item (see below). Action Item–There are both public hearing and non-public hearing items on which the Planning Commission takes action. Depending on the actual item, the Planning Commission may approve, deny, table, or forward a recommendation to the Board of Supervisors regarding the agenda item. No public comment is accepted during the Action Item portion of the agenda. Information/Discussion Item– The portion of the meeting agenda where items are presented to the Planning Commission for information and discussion. The Planning Commission may offer comments and suggestions, but does not take action on the agenda item. No public comment is accepted during the Information/Discussion Item portion of the agenda. Planning Terminology Urban Development Area or UDA – The UDA is the county’s urban growth boundary identified in the Comprehensive Plan in which more intensive forms of residential development will occur. The UDA is an area of the county where community facilities and public services are more readily available and are provided more economically. Sewer and Water Service Area or SWSA – The SWSA is the boundary identified in the Comprehensive Plan in which public water and sewer is or can be provided. The SWSA is consistent with the UDA in many locations; however the SWSA may extend beyond the UDA to promote commercial, industrial, and institutional land uses in area where residential land uses are not desirable. Land Use – Land Use is the nomenclature which refers to the type of activity which may occur on an area of land. Common land use categories include: agricultural, residential, commercial, and industrial. Zoning District - Zoning district refers to a specific geographic area that is subject to land use standards. Frederick County designates these areas, and establishes policies and ordinances over types of land uses, density, and lot requirements in each zone. Zoning is the main planning tool of local government to manage the future development of a community, protect neighborhoods, concentrate retail business and industry, and channel traffic. Rezoning – Rezoning is the process by which a property owner seeks to implement or modify the permitted land use activities on their land. A rezoning changes the permitted land use activities within the categories listed above under Land Use. Conditional Use Permit or CUP - A CUP allows special land uses which may be desirable, but are not always appropriate based on a location and surrounding land uses. The CUP requested use, which is not allowed as a matter of right within a zoning district, is considered through a public hearing process and usually contains conditions to minimize any impacts on surrounding properties. Ordinance Amendment – The process by which the County Code is revised. Often the revisions are the result of a citizen request with substantial justification supporting the change. Amendments ultimately proceed through a public hearing prior to the PC forwarding a recommendation to the Board of Supervisors. County Bodies Involved Board of Supervisors or BOS - Frederick County is governed by an elected Board of Supervisors composed of seven members, one from each magisterial district, and one chairman-at-large. The Board of Supervisors is the policy-making body of the county. Functions of the Board of Supervisors related to planning include making land use decisions, and establishing growth and development policies. Planning Commission or PC - The PC is composed of 13 members, two from each magisterial districts and one at-large, appointed by the Board of Supervisors. The Planning Commission serves in an advisory capacity to the Board of Supervisors which then takes final action on all planning, zoning, and land use matters. Comprehensive Plans and Programs Committee or CPPC – The CPPC is a major committee of the PC whose primary responsibility is to formulate land use policies that shape the location and timing of development throughout the County. Included in the work are studies of specific areas to develop guidelines for future land use within those areas. The CPPC also considers requests for amendments to the Comprehensive Plan. Decisions by CPPC are then forwarded to the PC for consideration. Development Review and Regulations Committee or DRRC – The DRRC is the second major committee of the PC whose primary responsibilities involve the implementation of the Comprehensive Plan in the form of Zoning and Subdivision ordinance requirements. Requests to amend the ordinances to the DRRC are made by the Board of Supervisors, Planning Commission, local citizens, businesses, or organizations. DRRC decisions are also forwarded to the PC for consideration. A Frederick County Planning Commission Page 3430 Minutes of April 5, 2017 MEETING MINUTES OF THE FREDERICK COUNTY PLANNING COMMISSION Held in the Board Room of the Frederick County Administration Building at 107 North Kent Street in Winchester, Virginia on April 5, 2017 PRESENT: June M. Wilmot, Chairman/Member at Large; Robert S. Molden, Opequon District; Gary R. Oates, Stonewall District; William H. Cline, Stonewall District; J. Rhodes Marston, Back Creek District; Lawrence R. Ambrogi, Shawnee District; H. Paige Manuel, Shawnee District; Kevin Kenney, Gainesboro District; Charles E. Triplett, Gainesboro District; Christopher M. Mohn, Red Bud District; Charles F. Dunlap, Red Bud District; Roderick B. Williams, County Attorney. ABSENT: Greg L. Unger, Back Creek District; Roger L. Thomas, Vice Chairman/Opequon District. STAFF PRESENT: Michael T. Ruddy, Director; Candice E. Perkins, Assistant Director; Mark A. Cheran, Zoning and Subdivision Administrator; Shannon L. Conner, Administrative Assistant. CALL TO ORDER Chairman Wilmot called the April 5, 2017 meeting of the Frederick County Planning Commission to order at 7:00 p.m. Chairman Wilmot commenced the meeting by inviting everyone to join in a moment of silence. ------------- ADOPTION OF AGENDA Upon motion made by Commissioner Oates and seconded by Commissioner Kenney, the Planning Commission unanimously adopted the agenda for this evening’s meeting with a minor revision to the numbering of scheduled items. ------------- Frederick County Planning Commission Page 3431 Minutes of April 5, 2017 COMMITTEE REPORTS Comprehensive Plans and Programs Committee – Mtg. 03/13/17 Commissioner Oates reported the committee reviewed and discussed the CIP and felt it appropriate to move forward to the Planning Commission. City of Winchester – Mtg. 04/04/17 Commissioner Tagnesi, Winchester City Planning Commission Liaison, reported the Commission approved a CUP to convert office to mixed use and a CUP to covert a gas station to a pizza shop. Board of Supervisors Report – Mtg. 03/08/17 Board of Supervisors’ Liaison, Supervisor Blaine Dunn reported the Board approved REZ #02-17 for Express Oil & Tire. Supervisor Dunn noted the MDP’s for Southern Hills and Freedom Manor appear to be on schedule. ------------- CITIZEN COMMENTS Chairman Wilmot called for citizen comments on any subject not currently on the Planning Commission’s agenda or any item that is solely a discussion item for the Commission. No one came forward to speak and Chairman Wilmot closed the citizen comments portion of the meeting. ------------- PUBLIC HEARING Conditional Use Permit #03-17 for Kelley and Robert Luckett, for a cottage occupation for an in- home daycare. The property is located at 211 Rebecca Drive, Winchester Virginia and is identified with Property Identification Number 55G-5-1-19 in the Red Bud Magisterial District. Action – Recommend Approval Mark A. Cheran, Zoning and Subdivision Administrator, reported this is a request for an in-home daycare facility within a single-family detached residence in the RP (Residential Performance) Zoning District and the current land use is Residential. Mr. Cheran presented a location map of the property. Mr. Cheran continued an in-home daycare facility is a permitted use in the RP District with an approved Conditional Use Permit (CUP). He noted this in-home daycare facility will care for twelve (12) children, with two (2) employees and the drop-off and pick-up of children is staggered throughout the morning and evening, which should prevent any traffic along the street. Mr. Cheran presented the following conditions as recommended by Staff: Frederick County Planning Commission Page 3432 Minutes of April 5, 2017 1. All review agency comments shall be complied with at all times. 2. Hours of operation shall be permitted from 6:00 a.m. to 6:00 p.m., Monday through Friday. 3. The Applicant shall satisfy the licensing requirements of the Virginia Department of Social Services and the County of Frederick. 4. One cottage occupation sign is permitted. 5. Other than those children residing on the property, there shall be no more than twelve (12) children being cared for at any given time. 6. Other than those persons residing on the property, there shall be no more than two (2) employees working at the daycare at any time. 7. Any expansion or change of use will require a new Conditional Use Permit. Commissioner Dunlap asked for clarification on the staggered pick-up and drop-off of children. Mrs. Kelley Luckett the Applicant came forward; she clarified the hours of operation will be 6:00 a.m. to 6:00 p.m. and the children are generally dropped off and picked up at different times therefore neither parking nor traffic will be an issue. Chairman Wilmot called for anyone who wished to speak regarding this Public Hearing to come forward at this time. No one came forward to speak and Chairman Wilmot closed the public comment portion of the hearing. Upon motion made by Commissioner Dunlap and seconded by Commissioner Mohn BE IT RESOLVED, the Frederick County Planning Commission does hereby recommend approval of Conditional Use Permit #03-17 for Kelley and Robert Luckett, for a cottage occupation for an in-home daycare. The property is located at 211 Rebecca Drive, Winchester Virginia and is identified with Property Identification Number 55G-5-1-19 in the Red Bud Magisterial District. YES: Wilmot, Cline, Manuel, Dunlap, Oates, Mohn, Marston, Molden, Ambrogi NO: Kenney, Triplett (Note: Commissioners Unger and Thomas were absent from the meeting) Conditional Use Permit #04-17 for Trisha Shanholtz, for a cottage occupation for an in home daycare. The property is located at 120 Refuge Church Road, Stephens City Virginia and is identified with Property Identification Number 93-A-7D in the Opequon Magisterial District. Action – Recommend Approval Mark A. Cheran, Zoning and Subdivision Administrator, reported this is a request for an in-home daycare facility within a single-family detached residence in the RA (Rural Areas) Zoning Frederick County Planning Commission Page 3433 Minutes of April 5, 2017 District and the current land use is Residential. Mr. Cheran provided a location map of the property. Mr. Cheran explained an in-home daycare facility is a permitted use as a cottage occupation in the RA District with an approved Conditional Use Permit (CUP). Mr. Cheran continued this proposed in-home daycare facility will take place on a 7+/- acre property, caring for twelve (12) children, with one (1) employee. He noted the drop-off and pick-up of children is staggered throughout the morning and evening, which should prevent any traffic along the road. Mr. Cheran reported this proposed use will need to utilize a new septic system and the Applicant has requested to delay the installment of the septic system for one (1) year pending approval of the CUP. He noted the reason for this request is should the CUP be denied then the need to upgrade the septic system no longer exists. Mr. Cheran continued a condition of this CUP is that the Applicant installs an approved septic system within one (1) year from the approval date of this CUP and the CUP will become void and will be revoked if the septic system is not installed. Mr. Cheran noted the Applicant has applied for and received a septic permit from the Frederick County Health Department and has engaged a septic company. Mr. Cheran reported Staff recommends the following conditions: 1. All review agency comments shall be complied with at all times. 2. Hours of operation shall be permitted from 6:00 a.m. to 6:00 p.m., Monday through Friday. 3. The Applicant shall satisfy the licensing requirements of the Virginia Department of Social Services and the County of Frederick. 4. The Applicant shall apply for and install an approved septic system within one (1) year of approval date of this Conditional Use Permit. If the system is not installed within one (1) year the CUP will be deemed invalid. 5. This Conditional Use Permit shall be void and revoked if condition #4 is not implemented. 6. One cottage occupation sign is permitted. 7. Other than those children residing on the property, there shall be no more than twelve (12) children being cared for at any given time. 8. Other than those persons residing on the property, there shall be no more than one (1) employee working at the daycare at any time. 9. Any expansion or change of use will require a new Conditional Use Permit. Commissioner Mohn inquired is the Health Department comfortable with the one (1) year delay. Mr. Cheran responded yes and the Applicant received her permit on March 29, 2017. Mrs. Tricia Shanholtz, the Applicant came forward and presented a brief overview of her in-home daycare facility. She noted her goal is to get the septic system installed before the end of the school year so she can have some of her school aged children join her again this summer. Commissioner Oates inquired if more than one adult would be supervising twelve (12) children. Mrs. Shanholtz responded there will be two (2) adults with the children, herself and one (1) other adult. Frederick County Planning Commission Page 3434 Minutes of April 5, 2017 Chairman Wilmot called for anyone who wished to speak regarding this Public Hearing to come forward at this time. No one came forward to speak and Chairman Wilmot closed the public comment portion of the hearing. Commissioner Molden inquired as to the reason for the required septic upgrade. Mr. Cheran explained it was due to the existing water flow. Upon motion made by Commissioner Molden, and seconded by Commissioner Oates BE IT RESOLVED, the Frederick County Planning Commission does hereby recommend approval of Conditional Use Permit #04-17 for Trisha Shanholtz, for a cottage occupation for an in home daycare. The property is located at 120 Refuge Church Road, Stephens City Virgi nia and is identified with Property Identification Number 93-A-7D in the Opequon Magisterial District. YES: Wilmot, Cline, Manuel, Dunlap, Oates, Mohn, Marston, Molden, Ambrogi, Triplett NO: Kenney (Note: Commissioners Unger, and Thomas were absent from the meeting) ------------- INFORMATION/DISCUSSION ITEMS 2017–2018 Capital Improvement Plan (CIP). The CIP is a prioritized list of capital projects requested by various County Departments and Agencies. The Plan is created as an informational component of the 2035 Comprehensive Plan. Candice E. Perkins, Assistant Director, reported Capital Improvements Plan (CIP) consists of a schedule for major capital expenditures for the County for the ensuing five (5) years. She continued the CIP document that is updated annually, with each cycle projects are removed from the plan as they are completed or as priorities change. Ms. Perkins explained following the completion of the 2017–2018 CIP documents, Staff will begin working with the Planning Commission and the Board of Supervisors on a revised process and format for the CIP. Ms. Perkins noted it is intended that the future document and process will be further linked to the budget document and process. Ms. Perkins emphasized in the interim it is important to update the CIP in its current form to ensure the County has an up to date approved CIP while working on the updated document. Ms. Perkins continued the inclusion of projects to the CIP is in no way an indication that Frederick County will be undertaking these projects: the CIP is strictly advisory; intended for use as a capital facilities planning document, not for requesting funding allocations. Ms. Perkins reported this year’s CIP continues to reinforce the connection between the Capital Improvement Plan, the 2035 Comprehensive Plan, and future rezoning applications. Ms. Perkins presented maps that are included in the CIP. Ms. Perkins concluded the CPPC endorsed the 2017-2018 CIP in March, 2017 and Staff is seeking comments from the Planning Commission on the 2017-2018 CIP to forward to the Board of Supervisors. Commissioner Oates requested clarification that the CIP is an advisory tool now and will be tied to the budget next year. Ms. Perkins responded yes and the timeline is still being worked on. Frederick County Planning Commission Page 3435 Minutes of April 5, 2017 Chairman Wilmot commented it is the responsibility of the Planning Commission to make sure what is being proposed is in the right spot in the County. ADJOURNMENT No further business remained to be discussed and a motion was made by Commissioner Oates to adjourn the meeting. This motion was seconded by Commissioner Cline and unanimously passed. The meeting adjourned at 7:25 p.m. Respectfully submitted, ____________________________ June M. Wilmot, Chairman ____________________________ Michael T. Ruddy, Secretary B COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 Fax: 540/ 665-6395 MEMORANDUM TO: Frederick County Planning Commission FROM: M. Tyler Klein, AICP, Planner SUBJECT: Ordinance Amendment – Permitted and Conditional Uses in the RA (Rural Areas) Zoning District DATE: April 21, 2017 This is a proposed amendment to Chapter 165 – Zoning Ordinance, to allow additional by-right and conditional uses in the RA (Rural Areas) District. This effort seeks to expand and clarify the opportunities available for small businesses and agritourism in the Rural Areas. In doing so, this effort is supportive of the goals and strategies expressed in the 2035 Comprehensive Plan for the County’s Rural Areas and for Agribusiness Development. In addition, it is responsive to requests and inquiries by stakeholders from the Rural Areas. Staff has drafted an amendment to the RA Zoning District to include additional permitted uses, including agritourism, commercial stables/equestrian facilities, cut-your-own tree farms and on-premises wayside stands accessory to a bona fide farm; and conditional uses including farm stays, special event facilities, commercial archery ranges, ice cream parlors, bakeries and craft/gift shops. Staff has also drafted supplementary use regulations that would apply to special event centers as well as new definitions. The DRRC discussed this item at their January and February 2017 meetings. The DRRC agreed with the proposed change and the item was forwarded to the Planning Commission for discussion. The Planning Commission discussed this item on March 15; the Planning Commission agreed with the changes and sent the item forward for review by the Board of Supervisors. The Board of Supervisors discussed this item on April 12; the Board of Supervisors voiced support of the proposed changes and sent the amendment forward for public hearing. The attached document shows the existing ordinance with the proposed changes supported by the DRRC. This item is presented for public hearing. A recommendation from the Planning Commission on this proposed Zoning Ordinance text amendment is sought. Please contact me if you have any questions. Attachments: 1. Revised ordinance with additions shown in bold underlined italics. MTK/pd ATTACHMENT 1 Article I General Provisions; Amendments; and Conditional Use Permits Part 101 – General Provisions § 165-101.02. Definitions and Word Usage. FARM STAY – Any guest accommodation on a working farm. In addition to overnight accommodations on site, guests may participate in rural activities including farming, animal husbandry, ranching, harvest-your-own-activities, natural activities and attractions. AGRITOURISM - Any activity carried out on a farm or ranch that allows members of the general public, for recreational, entertainment, or educational purposes, to view or enjoy rural activities, including farming, wineries, ranching, historical, cultural, harvest-your-own activities, or natural activities and attractions. An activity is an agritourism activity whether or not the participant paid to participate in the activity. STABLE, COMMERCIAL - A building, group of buildings, or use of land, or any combination thereof, where, for compensation, whether monetary or goods, provision is made for horses or ponies for hire or instruction in riding. SPECIAL EVENT FACILITY - : A facility or site utilized for events that are typically conducted on a single day, but which may be conducted for up to three (3) consecutive days, for which attendance is permitted only by invitation or reservation; special events include, but are not limited to, meetings, conferences, banquets, dinners, weddings and private parties. Article II SUPPLEMENTARY USE REGULATIONS, PARKING, BUFFERS, AND REGULATIONS FOR SPECIFIC USES Part 204 – Additional Regulations for Specific Uses § 165-204.15 Commercial shooting and archery ranges, outdoor. Outdoor shooting and archery ranges shall be allowed only with a conditional use permit. Where outdoor shooting and archery ranges are allowed, zoning district separation buffers and screens, Category C as described by this chapter, shall be provided in relation to surrounding properties containing residential uses. In no case shall a shooting range be located within 1,000 feet of any residence located on surrounding parcels of land. In no case shall an archery range be located within 300 feet of any residence located on surrounding parcels of land. Application for a conditional use permit shall include plans for appropriate site layout and design to protect the safety of the public. Such plans shall include berms and other protective features. All outdoor shooting and archery ranges shall be supervised at all times by qualified personnel. § 165-204.31. Special event facilities. Special events facilities where allowed in the RA (Rural Areas) District, shall be subject to the following requirements: A. An illustrative sketch plan in accordance with the requirements of Article VIII shall be submitted with the Conditional Use Permit application. This plan shall identify: access for the facility, the location of all parking areas, the location and square footage for all structure(s) to be used, and the location of sewage disposal facilities. B. All structures associated with a special events facility shall require a building permit. C. All parking spaces and travel aisles shall be graveled. The Board of Supervisors may require through the Conditional Use Permit process that all travel aisles and/or parking spaces be paved with a minimum double prime and seal or alternative dust free surface. D. Portable toilets shall be permitted for special event facilities, provided that they are screened from all adjoining properties and roads by topography, structures or new or existing landscaping. E. Special events facilities that share a private access easement with another property owner/s, must show the easement allows a use of this type or written permission must be obtained by the sharing parties. ARTICLE IV AGRICULTURAL AND RESIDENTIAL DISTRICTS Part 401 – RA Rural Areas District § 165-401.01 Purpose and intent. A. The purpose of the rural area regulations is to preserve large, open parcels of land, tree cover, scenic views, sensitive environmental areas and prime agricultural and locally significant soils. The regulations provide for a variation in lot size, at a density not to exceed one unit per five acres. The varying lot size is permitted in order to facilitate designs that blend in with the existing landscape and preserve some larger tracts of undeveloped land in order to maintain the rural character of the County, as well as provide a choice to home buyers. B. The regulations are intended to reduce environmental impacts, such as soil erosion, by requiring development which is sensitive to the existing features of the natural terrain and by reducing the amount of clearing needed for roads. Diversity and originality in lot layout are encouraged in order to achieve the best possible relationship between the development and the land. Individual lots and streets should be designed to minimize alteration of the natural site features, relate positively to surrounding properties and protect the views from surrounding areas. It is intended that by allowing flexibility in the subdivision design, while at the same time requiring that environmental concerns be addressed, a more attractive, environmentally sound and economically viable development will result. § 165-401.02 Permitted uses. Structures and land shall be used for one of the following uses: A. Agriculture, farming, dairies, animal husbandry, and forestry. B. Orchards, horticulture and the production of nursery stock and products. C. Single-family dwellings. D. Mobile homes. E. Schools (without residential component). F. Public parks and playgrounds. G. Churches. H. Home occupations (as defined). I. Natural conservation areas. J. Winchester Airport. K. Group homes. L. Fire stations, companies and rescue squads. M. Frederick County sanitary landfill. N. Commercial and institutional cemeteries with or without funeral homes or cemetery office complexes. O. Post offices. P. Radio and television towers and their accessory buildings. Q. Public utility generating, booster or relay stations, transformer substations, transmission lines and towers, pipes, meters and other facilities, railroad facilities and sewer and water facilities and lines owned by public utilities, railroad companies or public agencies. R. Required off-street parking. S. Oil and natural gas exploration, provided that the following requirements are met: (1) All requirements of the Code of Virginia, as amended, and all applicable federal, state and local regulations shall be met. (2) A site plan shall be reviewed and approved meeting all requirements of the Frederick County Code. (3) Approval of the site plan and use shall be for 90 days, with subsequent renewals being approved by the Board of Supervisors. (4) In order to begin extraction of the resource, a rezoning to the EM Extractive Manufacturing Zoning District will be required. T. Museums, parks or historic sites used for educational or historic preservation purposes. U. Business signs. V. Signs allowed in § 165-201.06B. W. Accessory uses. X. Poultry farms and hatcheries and egg production. Y. Fish hatcheries and fish production. Z. Hog farming. It shall be unlawful for any person to have or maintain or to permit to be erected, in the County, any hog pen that is located closer than 200 feet to a residence or an adjoining property that is used for human habitation. AA. Government services office. BB. Residential subdivision identification signs. CC. Farm Wineries. DD. Temporary family health care structure. EE. Farm breweries. FF. Farm distilleries. GG. Agritourism. HH. Commercial stables, equestrian facilities and commercial riding facilities. II. Cut-your-own Christmas tree and evergreen tree. JJ. On-premise wayside stand, roadside stand, or wayside market, accessory to a bona fide operating farm. § 165-401.03 Conditional uses. The following uses of structures and land shall be allowed only if a conditional use permit has been granted for the use: A. Bed and Breakfasts, Farm Stay B. Country clubs, with or without banquet facilities. C. Manufacture or sale of feed and other farm supplies and equipment. D. Fruit packing plants. E. Off-premise farm markets. F. Off-premises wayside stands. G. Country general stores. H. Service stations. I. Antique shops. J. Restaurants. K. Kennels. L. Petting farms. M. Television or radio stations. N. Motels. O. Auction houses. P. Campgrounds, tourist camps, recreation areas and resorts. Q. Commercial outdoor recreation, athletic or park facilities. R. Nationally chartered fraternal lodges or civic clubs, social centers and their related facilities. S. Sawmills and planing mills, Type B. T. Ambulance services. U. Retailing or wholesaling of nursery stock and related products. V. Landscape contracting businesses. W. Public garages without body repair, provided that the following conditions are met: (1) All repair work shall take place entirely within an enclosed structure. (2) All exterior storage of parts and equipment shall be screened from the view of surrounding properties by an opaque fence or screen at least six feet in height. This fence or screen shall be adequately maintained. X. Public garages with body repair, provided that the following conditions are met: (1) All repair work shall take place entirely within an enclosed structure. (2) All exterior storage of parts and equipment shall be screened from the view of surrounding properties by an opaque fence or screen at least six feet in height. This fence or screen shall be adequately maintained. Y. Sand, shale and clay mining, provided that the following conditions are met: (1) All mining shall be above the mean, existing grade level of a parcel of land. (2) All mining operations shall meet all applicable requirements of state and federal agencies. (3) Such mining operations shall meet the landscaping and screening requirements, supplementary regulations, height, area and bulk regulations and site plan requirements contained in the EM Extractive Manufacturing District regulations. Z. Cottage occupations (as defined). AA. Cottage occupation signs. BB. Veterinary office, clinic or hospital, including livestock services. CC. Day-care facilities. DD. Humanitarian aid organizational office. EE. Schools (with residential component). FF. Fruit and vegetable stands (SIC 5431). GG. Blacksmith shops (SIC 7699). HH. Farriers (SIC 7699). II. Horseshoeing (SIC 7699). JJ. Taxidermists (SIC 7699). KK. Welding Repair (SIC 7692). LL. Flea Markets, Operated Indoors or Outdoors. MM. Treatment Home. NN. Special event facility. OO. Commercial shooting and archery ranges (indoor or outdoor). PP. Ice cream parlor or bakery. QQ. Craft and gift shops. C COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 Fax: 540/ 665-6395 MEMORANDUM TO: Frederick County Planning Commission FROM: M. Tyler Klein, AICP, Planner SUBJECT: Ordinance Amendment – Front Setbacks for Accessory Uses on Private Right-of- Ways (ROW) DATE: April 21, 2017 This is a proposed amendment to Chapter 165 – Zoning Ordinance, to reduce the required front setback off of private right-of-ways in the RA (Rural Areas) District for accessory structures. Currently, the setback off of a right-of-way in the RA District is 60 feet for both public and private roadways. Staff has drafted a revision to the Zoning Ordinance to reduce the required front setback for accessory uses and structures where adjacent to private right-of-ways from 60- feet to 45-feet. The DRRC discussed this item at their January meeting. The DRRC agreed with the proposed change and the item was forwarded to the Planning Commission for discussion. The Planning Commission discussed this item on March 15; the Planning Commission agreed with the changes and sent the item forward for review by the Board of Supervisors. The Board of Supervisors discussed this item on April 12; the Board of Supervisors supports the proposed changes and sent the amendment forward for public hearing. The attached document shows the existing ordinance with the proposed changes supported by the DRRC. This item is presented for public hearing. A recommendation from the Planning Commission on this proposed Zoning Ordinance text amendment is sought. Please contact me if you have any questions. Attachments: 1. Revised ordinance with additions shown in bold underlined italics. MTK/pd ATTACHMENT 1 Article IV. Agricultural and Residential Districts Part 401. RA Rural Areas District § 165-401.07 Setback requirements. The following setback requirements shall apply to all parcels within the RA Rural Areas Zoning District: A. Setbacks for all lots other than rural preservation lots shall be as set out below. (1) Front Setbacks. The front setback for any principle or accessory use or structure shall be 60 feet from the property line or right-of-way of the street, road or ingress/egress easement. (2) Side or rear setbacks. The minimum side or rear setback for any principle use or structure shall be determined by the primary use of the adjoining parcel as follows: Adjoining Parcel Size 6 acres or less Setback (Side and Rear) (feet) 50 More than 6 acres 100 Agricultural and Forestal District, 6 acres or less 50 Agricultural and Forestal District, more than 6 acres 200 Orchard (regardless of parcel size) 200 B. Rural Preservation Lots. The minimum setbacks from rural preservation lot lines which adjoin other rural preservation lots shall be as set out below. Side and rear setbacks from rural preservation lot lines which adjoin any parcel other than another rural preservation lot shall be determined by § 165-401.07A(2) of this chapter. (1) Front setback. The front setback for any principal or accessory use or structure shall be 60 feet from the right-of-way of any existing state-maintained road and 45 feet from the right- of-way of any existing private ingress/egress easement or state-maintained road constructed to serve the subdivision. (2) Side setback. No principal use or structure shall be located closer than 15 feet from any side lot line. (3) Rear setback. No principal use or structure shall be located closer than 40 feet from any rear lot line. C. (Reserved) Accessory uses. The minimum setback for any accessory use or structure shall be 15 feet from any side or rear property line of a traditional five-acre lot or any side or rear property line of a rural preservation lot. as follows: (1) 60 feet from the edge of right-of-way of any public street or roadway owned and maintained by VDOT. (2) 45 feet from the edge of right-of-way of any private right-of-way or ingress/egress easement. (3) 15 feet from any side or rear property line. D. (1) One non-habitable accessory structure that meets the minimum setbacks for an accessory use may be located on a lot prior to the construction of a principal structure. This accessory structure shall not be permitted to contain any residential uses prior to the construction of the primary structure on the lot and shall be a maximum of 650 square feet in size.